Disability Community Remains Concerned over Accessible Voting Machines
For individuals with disabilities, the simple act of voting can be both difficult and discouraging and, in response to numerous complaints about inaccessible voting machines and polling places, Congress passed the Help America Vote Act of 2002 (HAVA) to ensure that every American qualified to vote can exercise this fundamental civil right. Facing a January 2006 deadline for the implementation of fully accessible voting machines, United Spinal Association has been working closely with the American Association of People with Disabilities (AAPD) and the National Disability Rights Network (NDRN) to ensure that all machines are truly accessible. But with Virginia and New Jersey hosting gubernatorial elections this year and New York City facing a mayoral race, there are still concerns in the disability community over the accessibility of the available machines.
“HAVA requires that voting systems be accessible for individuals with disabilities in a manner that allows access and participation in the voting process to be the same as for other [non-disabled] voters,” said Kara Lee-Brunton, policy analyst for United Spinal and a member of the Rights Task Forces’ Voting Work Group of the Consortium of Citizens with Disabilities. ”Unfortunately, at this time, there is no perfect machine; No single voting machine is 100% accessible for everyone. However, it is of the utmost importance that states comply with HAVA’s requirements and purchase the most accessible machine available. By not complying, they are in an essence, denying the constitutional rights of all disabled Americans— the right to vote.”
HAVA provides federal money for, among other things, purchasing accessible voting machines and removing the systemic and physical barriers that have, effectively, deprived people with disabilities their right to vote.
A major requirement of HAVA is that each voter be able to verify their vote. This means that prior to the vote being cast and counted; a voter has the opportunity to change his or her vote in a private and independent manner. Currently, even one of the most accessible optical scan voting machines available, the AutoMARK, still requires that a person with limited hand mobility rely on a third-party to remove a marked ballot from the machine and place it into the tabulator to be counted. The AutoMARK, however, does provide a dual switch option, such as a sip and puff device, a foot pedal, or a joystick, which is a significant improvement for voters with disabilities. Although an individual using this machine will have to ask for help inserting the marked ballot, they are still marking the ballot independently.
Direct Recording Electronic (DRE) voting machines are less accessible to voters with dexterity disabilities because “many DRE’s are ‘touch screens without adaptive technology capability, meaning that the individual has to make their selection by physically touching the screen and this is impossible for individuals who cannot lift their arms or use their finger effectively,” explained Lee-Brunton.
So while the technology is evolving, United Spinal Association and its allies continue to encourage individuals to call and/or write their Secretary of State or Governor and demand that their elected representatives not use HAVA money to purchase a system that is not universally accessible.
The United Spinal Association is a nonprofit disability rights organization with members throughout the United States. Since its founding in 1946, the Association has enabled members, as well as other persons with disabilities, to lead full and productive lives. United Spinal drafted parts of the Americans with Disabilities Act (ADA), Fair Housing Amendments Act (FHAA), and the Air Carrier Access Act (ACAA). The Association promotes compliance with these laws and educates the public about them.